The Veteran's appeal is denied as his service-connected left shoulder disorder, GERD and hiatal hernia with gall bladder disease, and left ear hearing loss do not warrant increased ratings. The claims for varicose veins of the right and left lower extremities and post-phlebotic syndrome are also denied.
The deciding factor: The Veteran's left shoulder disorder does not meet the criteria for a rating in excess of 10 percent, as it does not result in limitation of motion to the shoulder level or ankylosis. His GERD and hiatal hernia with gall bladder disease do not manifest severe symptoms such as persistent epigastric distress, dysphagia, pyrosis, regurgitation, or substernal arm pain. The left ear hearing loss is rated at Level I on VA evaluations. There is no evidence of varicose veins or post-phlebotic syndrome in the record.
- Claimed conditions
- left shoulder rotator cuff tendonitis with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2010
- Citation
- 1015518
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1015518.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for cardiac disability, higher initial ratings for left shoulder and back disabilities, and entitlement to a TDIU due to service-connected disabilities. The Veteran's employment history needs clarification, and VA treatment records need to be obtained.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial disability rating in excess of 20 percent for left shoulder rotator cuff tendonitis with degenerative changes, lumbar hypertrophic osteoarthritis, right knee disability, and left knee disability. The Veteran's service-connected erectile dysfunction associated with PTSD, SMC for loss of use of a creative organ, and TDIU due to service-connected disabilities are also remanded.,The Board has remanded the Veteran's claims for an earlier effective date for the grant of service connection for right knee disability, left knee disability, erectile dysfunction associated with PTSD, and SMC for loss of use of a creative organ. The Veteran's TDIU due to service-connected disabilities is also remanded.,The Board has remanded the Veteran's claims for an initial compensable disability rating for erectile dysfunction associated with PTSD, earlier effective date for the grant of service connection for erectile dysfunction associated with PTSD, and earlier effective date for SMC for loss of use of a creative organ. The Veteran's TDIU due to service-connected disabilities is also remanded.
- Granted
The Veteran's claim for an effective date earlier than January 14, 2006 for the grant of service connection for lumbar spine hypertrophic osteoarthritis was denied. The effective date is set at November 18, 2005.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.